CITY URGED TO DEFY STATE HOUSING RULES

Council delays decision on updating code that would allow residential care facilities

After hearing from passionate residents, the City Council last week postponed action on an update to the city’s housing code that would bring the city’s rules in compliance with state law.

“This is the kind of ordinance that can change the environment of this community,” said George Rombach, a Temecula resident who spoke during the public hearing on the matter.

Rombach was joined at the podium by six other residents who urged the council to defy the state and find out what would happen if Temecula stood up for “local control” of its housing laws.

“You have an opportunity to put Temecula on the map,” said Tom Vining, also speaking during the hearing. “Stand up to the state! Atlanta, New York, Detroit, Los Angeles … these programs have failed everywhere they’ve been tried.”

The proposed changes, which will be brought back before the council on April 9, allow for the establishment of residential care facilities that serve seven or more people in medium- and high-density areas of the city without a permit. They also would add language for supportive housing complexes, add areas where transitional housing developments can take root with a permit and include rules and specifications for single-room occupancy buildings, developments such as hotels that have been converted into micro-apartments.

Transitional housing complexes allow people to stay for up to two years while supportive housing complexes have no limits on residency.

Some California cities have sought to ban these types of housing options — which include rehabilitation centers, sober living homes in residential tracts and transitional housing complexes that serve parolees — via zoning laws. The state Legislature has largely taken away that tool through the passage of Senate Bill 2 in 2007, however.

After sharing his frustration with the state’s mandates, Mayor Mike Naggar said that some of the changes to the code would be welcome, especially the addition of rules for single-room occupancy buildings. In some cities, those sort of complexes — which feature small apartments ranging in size from 250 to 400 square feet — would be perfect for special-needs adults and senior citizens on fixed incomes.

“These children are going to enter into society,” Naggar said, talking about the growing population of special-needs children who will need places to live and work in coming years.

And he said an apartment that costs $300 or $400 would give elderly folks trying to find a market-rate place in Temecula, which can hit $1,000 a month for a one-bedroom unit, a tremendous boost to their monthly budgets.

“We’re talking about the ability for them to live,” he said.

Before making the decision to hold off on a vote, the council asked City Attorney Peter Thorson about its options. Could it defy the state without repercussions? Would there be a monetary hit to the city’s coffers?

Thorson said the city could run the risk of having its decisions challenged by people who would say the city’s general plan, which includes its housing rules, isn’t in compliance with state law. He said there also is the possibility the city could be sued by someone who alleges the city’s rules are discriminatory, which could put the city on the hook for damages.

“We have no choice but to comply,” said Councilwoman Maryann Edwards.

Members of the crowd shouted “No, no, no!” from their seats.

“I don’t like it,” she said, capping her comments on the matter for the time being.

Councilman Chuck Washington said he agreed with the speakers that “local control is best,” but he said some of the housing included in the changes would be beneficial to the community.

In the cases where there is a problem with how a facility is run, he said, the city should “come down with a heavy hand” on those who don’t conform with the law.

Edwards said she supported having the city attorney do more research on the subject, including looking at the actions of Newport Beach and other cities that have tried to rein in rehabilitation centers and group homes.

After the council’s decision to delay action, many in the audience applauded.

“You did the right thing, God bless you,” said Ernie White, a Temecula resident who said during the hearing that the city should hold a town hall meeting to explain all of the ramifications of the proposed changes.